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Saturday, February 15, 2014

Glynnis Breytenbach, NPA part on good terms

Glynnis Breytenbach, NPA part on good terms

Former prosecutor Glynnis Breytenbach, who resigned to join the DA, and the NPA have parted on good terms - but questions remain about a corruption probe against her.

The National Prosecuting Authority will not allow the media access to senior prosecutor Glynnis Breytenbach's disciplinary hearing, according to a report. (File) The National Prosecuting Authority will not allow the media access to senior prosecutor Glynnis Breytenbach's disciplinary hearing, according to a report. (File)

Johannesburg - Former prosecutor Glynnis Breytenbach, who resigned to join the DA, and the NPA have parted on good terms - but questions remain about a corruption probe against her.

"Both parties agreed that they would withdraw all the labour litigation currently before court. Only the labour issues," National Prosecuting Authority spokesperson Nathi Ncube said on Thursday. "Breytenbach met with the national director of public prosecutions [NDPP] yesterday and they came to an amicable settlement regarding her resignation."

He said the meeting on Wednesday was a follow-up meeting after Breytenbach resigned in January. Breytenbach's resignation took effect on Wednesday.

Ncube said it was not discussed whether NDPP Mxolisi Nxasana would still pursue fraud and corruption charges against her because he had "not yet applied his mind".

"That was not disclosed in the meeting. It is an internal matter and it is unclear if corrective measures would be taken," Ncube said.

"It is a matter between employer and employee."

A weekend news report said Nxasana received a draft report outlining allegations of corruption and fraud against Breytenbach.

In the draft report, penned by the NPA's integrity management unit, Breytenbach is accused of soliciting a loan of US$1m from businessman Nathan Kirsh, the complainant in two linked cases she was prosecuting.

She was accused of accepting a R6.3m donation, also from Kirsh via the FW de Klerk Foundation, towards her legal fees in a labour dispute with the NPA, the Sunday Independent reported.

According to the newspaper, the draft report found that the money accepted from Kirsh could be viewed as a kickback.

She is also accused of failing to declare her personal relationships with Kirsh and advocate Andre Bezuidenhout over about a decade.

Ncube said once the NDPP made a decision it would be communicated.

In April 2012, Breytenbach was suspended from the NPA and later faced a lengthy disciplinary hearing on 15 charges, which included failing to act impartially while investigating the Kumba/Iron Ore/Sishen and Imperial Crown Trading mining rights issue.

She was accused of "improper relations" with Sishen's lawyer Mike Hellens.

Breytenbach has claimed that her suspension from the NPA was related to her opposition to a decision to withdraw fraud and corruption charges against former police crime intelligence head Richard Mdluli.

On 27 May, an NPA disciplinary hearing found her not guilty on all the charges.

Breytenbach was allowed to return to work, but on her return she found the NPA intended sending her to a different office.

In the Labour Court, Breytenbach unsuccessfully applied to have her transfer overturned.

In January, her legal team filed a record on appeal in the Labour Appeal Court over her internal transfer.

She formally resigned from the NPA in January and was named on the Democratic Alliance's Gauteng list for the National Assembly.

- SAPA

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